Introduction
A. Regulations
(A) Article 8 of Soil and Groundwater Pollution Remediation Act(SGPRA)
If land used by an enterprise officially announced by the central competent authority is transferred, the assignor shall provide soil pollution assessment investigation and test data, which shall be reported to the special municipality, county, or city competent authority for future reference.
If a land assignor fails to provide relevant data as prescribed in the foregoing paragraph, when the land is officially announced as a control site or remediation site, the assignor will have the same responsibility as that prescribed in Article 31, Paragraph 1 of this Law.
(B) Article 9 of Soil and Groundwater Pollution Remediation Act(SGPRA)
When any one of the following situations applies, an enterprise officially announced by the central competent authority shall submit site soil pollution assessment investigation and test data prior to the action in question, and shall request the special municipality, county, or city competent authority, or an agency commissioned by the central competent authority, to perform review:
1.Acquisition of an enterprise establishment license or registration, or application for a business license, in accordance with law.
2.Change of business operator.
3.Change of industry category. However, enterprises whose industry category before and after the change is one which has been officially announced by the central competent authority shall be exempt from this requirement.
4.Change of scope of operating site.
5.Implementation, in accordance with law, of termination of business, cancellation of operating permit or business license, termination of operation (shipping), plant (facility) closure, or discontinuation of production, manufacturing, or processing.
In the foregoing paragraph and Paragraph 1 of the foregoing article, the central competent authority shall determine regulations governing the content of soil pollution assessment investigation and test data, times of reporting, documents that must be submitted, assessment investigation methods, times of testing, the qualifications, training, and commissioning of assessment investigation personnel, review operating procedures, and other binding matters.
(C) Article 40, Paragraph 1 of Soil and Groundwater Pollution Remediation Act(SGPRA)
An assignor who violates the regulations of Article 9, Paragraph 1 by failing to report for future reference or for public announcement by the central competent authority pursuant to Article 8, Paragraph 1 shall be fined NT$150,000 to NT$750,000, and shall be notified to make corrections within a limited period; those that have still failed to make corrections by the deadline shall be fined per violation.
B. Steps
(A) Enterprises officially announced by Ministry of Environment(MOENV)
There are currently 30 categories of enterprises officially announced by MOENV.
Confirm whether it is an enterprise officially announced by MOENV or the land is used by enterprises officially announced by MOENV.
(B) Soil Pollution Assessment Investigation and Testing
a. Entrust relevant personnel and analysis organizations.
Planned by registered Soil Pollution Assessment Investigation Personnel.
Tested and analyzed by analysis organizations approved by MOENV.
Certified by a legally registered and practicing environmental engineer or applied geological engineer.
b. Planning Soil Sampling and Analysis
Do according to " Regulations governing the Management of the Soil Pollution Assessment Investigation and Test Procedure".
c. Documents Preparation
After completing the assessment investigation and testing, the Soil Pollution Assessment Investigation and Test Data can be compiled according to the format prescribed by MOENV.
d. Professional Engineers Certification
All documents provided or submitted in accordance with this Act, including pollution control plans, pollution remediation plans, assessment investigation data, and pollution investigation and assessment plans, must be certified by a legally registered and practicing environmental engineer, applied geological engineer, or other relevant professional engineer. (Article11 of SGPRA)
For the relevant regulations and forms of the certification, please refer to the Environmental Engineer Certification Service Information Website.
e. Declaration and Review
After completing the Soil Pollution Assessment Investigation and Test Data, the transferor or enterprise should apply to Environmental Protection Bureau(EPB) for reference or review within 6 months from the sampling date.
Only after obtaining a consent letter from EPB, the assignor can transfer their lands and enterprises can apply for relevant matters to industry competent authority.
C. Soil Pollution Monitoring Standards and Soil Pollution Control Standards Soil Pollution Monitoring Standards
| Substance | Monitoring Standards |
|---|---|
| As | 30 mg/kg |
| Cd | 10 mg/kg (2.5 mg/kg for farms growing food crops) |
| Cr | 175 mg/kg |
| Cu | 220 mg/kg (120 mg/kg for farms growing food crops) |
| Hg | 10 mg/kg (2 mg/kg for farms growing food crops) |
| Ni | 130 mg/kg |
| Pb | 1,000 mg/kg (300 mg/kg for farms growing food crops) |
| Zn | 1,000 mg/kg (260 mg/kg for farms growing food crops) |
| Substance | Control Standards |
|---|---|
| Heavy metals | |
| As | 60 mg/kg |
| Cd | 20 mg/kg (5 mg/kg for farms growing food crops) |
| Cr | 250 mg/kg |
| Cu | 400 mg/kg (200 mg/kg for farms growing food crops) |
| Hg | 20 mg/kg (5 mg/kg for farms growing food crops) |
| Ni | 200 mg/kg |
| Pb | 2,000 mg/kg (500 mg/kg for farms growing food crops) |
| Zn | 2,000 mg/kg (600 mg/kg for farms growing food crops) |
| Organic Compounds | |
| Benzene | 5 mg/kg |
| Carbon tetrachloride | 5 mg/kg |
| Chloroform | 100 mg/kg |
| 1,2-Dichloroethane | 8 mg/kg |
| cis-1,2-Dichloroethylene | 7 mg/kg |
| trains-1,2-Dichloroethylene | 50 mg/kg |
| 1,2-Dichloropropane | 0.5 mg/kg |
| 1,2-Dichlorobenzene | 100 mg/kg |
| 1,3-Dichlorobenzene | 100 mg/kg |
| 3,3'-Dichlorobenzidine | 2 mg/kg |
| Ethylbenzene | 250 mg/kg |
| Hexachlorobenzene | 500 mg/kg |
| Pentachlorophenol | 200 mg/kg |
| Tetrachloroethylene | 10 mg/kg |
| Toluene | 500 mg/kg |
| Total petroleum hydrocarbons(TPH) | 1,000 mg/kg |
| Trichloroethylene | 60 mg/kg |
| 2,4,5-Trichlorophenol | 350 mg/kg |
| 2,4,6-Trichlorophenol | 40 mg/kg |
| Vinyl chioride | 10 mg/kg |
| Xylenes | 500 mg/kg |
| Pesticides | |
| Aldrin | 0.04 mg/kg |
| Chlordane | 0.5 mg/kg |
| DDT | 3 mg/kg |
| Dieldrin | 0.04 mg/kg |
| Endrin | 20 mg/kg |
| Heptachlor | 0.2 mg/kg |
| Toxaphene | 0.6 mg/kg |
| Endosulfan | 60 mg/kg |
| Other Organic Compounds | |
| Dioxins | 1,000 ng I-TEQ/kg |
| Polychlorinated biphenyls | 0.09 mg/kg |